FTC Finalizes Order Banning Mobilewalla from Selling Sensitive Location Data

The Federal Trade Commission finalized an order banning data broker Mobilewalla Inc. from selling sensitive location data as part of a settlement with the company over allegations it sold such information without taking reasonable steps to verify consumers’ consent.

In a complaint first announced in December, FTC alleged that Mobilewalla unlawfully tracked and sold consumers’ sensitive location data, including data about their visits to healthcare facilities and places of worship.

Under the final order, Mobilewalla will be banned from collecting consumer data from online real-time bidding advertising exchanges for purposes other than participating in those auctions, marking the first time the agency has alleged such a practice was an unfair act or practice.

Mobilewalla is also banned from misrepresenting how it collects, maintains, uses, deletes or discloses consumers’ personal information, and the extent to which consumers’ location data is deidentified. It’s also prohibited from using, transferring, selling and disclosing location data from sensitive locations, such as health clinics, religious organizations, correctional facilities, labor union offices, LGBTQ+-related locations, political gatherings and military installations.

The Commission voted 4–1 to approve the final order and send responses to the commenters, with Commissioner Melissa Holyoak voting no.